• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Journal of Korean Theatre Studies Association
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• no.52
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• pp.189-228
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• 2014

The purpose of this research was to summarize Korea and China's researches on Noh and to examine main domain in this field, by investigating the academic books and articles published in two countries. In 1960s, since Nohgaku has been introduced to China, academic articles on Zeami's theories and aesthetics have emphasized on aesthetic characteristics of Chinese plays and Japanese Nohgaku through the similarities of oriental plays. The number of researches on Kabuki is almost twice as that of researches on Noh in China. While most researches on Kabuki were compared with the styles and music of Pecking Opera and the theatrical theories of liyu[李漁], those on Noh has been highlighted the comparative studies on $Y{\bar{o}}kyoku$[謠曲], Chinese Noh plays. The main difference among the researches on $Y{\bar{o}}kyoku$ in Korea and China was the material regarding characters of Noh. Because song yuanzaju[宋 元雜劇]and Nohgaku in Chinese-Japanese plays were the mature form of the classic plays and those were representative of traditional nation plays, this researches tried to ascertain the cultural origins of two countries regarding the aesthetic characteristics by referencing lyrical and narrative features[曲詞] of yuanzaju[元雜劇]and the classic waka of Nohgaku. While the comparative studies on Noh and song yuanzaju and kunqu[昆劇] in China were prevalent, national researches have emphasized on the inner world of the main character and dramaturgy through the verbal description of Noh. Especially, this research tried to investigate the inner world of the main character and the intention of the writers through the verbal description of Noh authorized in the history of the works. Also, the researches on Buddhism in the Middle Ages and religious background were examined significantly. In addition, the $Y{\bar{o}}kyoku$ has influenced on European modern playwrights and the comparative studies between the materials of $Y{\bar{o}}kyoku$ and Western modern plays were concerned. In Korea, the comparative studies on Noh between Korea abd Japan has been most focused on the origin theory of Noh. The fact that appearance theory of Noh had originated from Sangaku was common opinion among Korean, Chinese, and Japanese scholars. However, they are agree with the opinion that according to the formation of the different genres, Noh's mainstream was different among three countries despite of the same origin. Yuan drama and Noh play have the same origin, but different branch. In relation to the Noh's origin theory, there are literature comparative studies in religious background, the studies presumed the origin of instrumental music related to those in mask plays, and the comparative studies between Korean mask plays and $ky{\bar{o}}gen$ of Nohgaku. Kyogen is the Comedy inserted among the stories in Nohgaku performed in just one day. Therefore, $ky{\bar{o}}gen$ must be discussed separately from the relations of 'shite[任手]'s inner action veiled with masks. This research figured out that the lacking points of the two countries' researches were the acting methods of Noh. Academic articles written by foreign scholars studying Korean and Chinese theatres should be included when this issue will be dealt with. In Korea and China, translation studies and writings regarding Nohgaku have studied by those who are major in Japanese literature or oriental literature. This case is the same in Korea in that scholars whose speciality is not theatre, but Japanese literature has studied. Therefore, this present study can give a good grasp of whole tendency on Nohgaku's research in theatre fields.

• (The)Study of the Eastern Classic
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• no.69
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• pp.205-232
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• 2017

In the former half of the 18th century, For this period the literary people who led the literature of Nam'in were Sadaebu named the so-called Munoepa. There were Gang Pak(姜樸), Lee In-bok(李仁復), Lee Jung-hwan, Oh Gwang-un(吳光運), and Gang Pil-shin(姜必愼) in Munoepa(門外派). All these people as Sadaebu of Nam'in kept company with families of each other, had close relations from early childhood, and shared with same opinions in various ways like politics, culture, etc. They had intimate relationships not only in politics but also in literature, and primarily acted their part regarding the development of literary circles in the first half of the 18th century. Many individual poets who achieved the outstanding literary accomplishment appeared in the late period of Joseon Dynasty, especially in the eighteenth and nineteenth centuries. They actively made progress in their literary works with Sisa. The poets in similar positions had the Sisa to show their literary ability and check on their view about the literature. They briskly tried to express their own literary intention in activities of Sisa. Gang Pil-shin is a literary representative of the late period of Joseon Dynasty Nam'in. Through the exchange relationship of Gang Pil-shin, we can confirm certain aspects of his literary world. People who have tied up with Gang Pil-shin are largely divided into three. First, it is a literary person in Geungi Nam'in literati, typified by Backryeonsidan, Jinju Gang family, Gyeongsang Provinces area that was a place of residence. The exchanges of Gang Pil-shin were done via a poetry club. a poetry club was basically conducted mainly on relatives such as Gang Pak. However, the members of a poetry club changed according to the area where you live. Gang Pil-shin made a poetry club while coming back and forth between Seoul and Gyeongsang Provinces. This means that Gang Pil-shin also had special attention as Geungi Nam'in (近畿 南人), but also had a positive nature as Yeongnam south person. A closer look at what linguistics of Gang Pil-shin Geungi Nam'in and Yeongnam Nam'in had special characteristics late period of Joseon Dynasty It is possible to confirm the special characteristics of Seoul and the local literary exchange. For this reason, it seems that more detailed examination of the literature of Gang Pil-shin is necessary.

• Journal of Global Scholars of Marketing Science
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• v.18 no.4
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• pp.157-194
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• 2008

The popularity of communities on the internet has captured the attention of marketing scholars and practitioners. By adapting to the culture of the internet, however, and providing consumer with the ability to interact with one another in addition to the company, businesses can build new and deeper relationships with customers. The economic potential of online communities has been discussed with much hope in the many popular papers. In contrast to this enthusiastic prognostications, empirical and practical evidence regarding the economic potential of the online community has shown a little different conclusion. To date, even communities with high levels of membership and vibrant social arenas have failed to build financial viability. In this perspective, this study investigates the role of various kinds of influencing factors to online community loyalty and basically suggests the framework that explains the process of building purchase loyalty. Even though the importance of building loyalty in an online environment has been emphasized from the marketing theorists and practitioners, there is no sufficient research conclusion about what is the process of building purchase loyalty and the most powerful factors that influence to it. In this study, the process of building purchase loyalty is divided into three levels; characteristics of community site such as content superiority, site vividness, navigation easiness, and customerization, the mediating variables such as self congruency, consumer experience, and consumer to consumer interactivity, and finally various factors about online community loyalty such as visit loyalty, affect, trust, and purchase loyalty are those things. And the findings of this research are as follows. First, consumer-to-consumer interactivity is an important factor to online community purchase loyalty and other loyalty factors. This means, in order to interact with other people more actively, many participants in online community have the willingness to buy some kinds of products such as music, content, avatar, and etc. From this perspective, marketers of online community have to create some online environments in order that consumers can easily interact with other consumers and make some site environments in order that consumer can feel experience in this site is interesting and self congruency is higher than at other community sites. It has been argued that giving consumers a good experience is vital in cyber space, and websites create an active (rather than passive) customer by their nature. Some researchers have tried to pin down the positive experience, with limited success and less empirical support. Web sites can provide a cognitively stimulating experience for the user. We define the online community experience as playfulness based on the past studies. Playfulness is created by the excitement generated through a website's content and measured using three descriptors Marketers can promote using and visiting online communities, which deliver a superior web experience, to influence their customers' attitudes and actions, encouraging high involvement with those communities. Specially, we suggest that transcendent customer experiences(TCEs) which have aspects of flow and/or peak experience, can generate lasting shifts in beliefs and attitudes including subjective self-transformation and facilitate strong consumer's ties to a online community. And we find that website success is closely related to positive website experiences: consumers will spend more time on the site, interacting with other users. As we can see figure 2, visit loyalty and consumer affect toward the online community site didn't directly influence to purchase loyalty. This implies that there may be a little different situations here in online community site compared to online shopping mall studies that shows close relations between revisit intention and purchase intention. There are so many alternative sites on web, consumers do not want to spend money to buy content and etc. In this sense, marketers of community websites must know consumers' affect toward online community site is not a last goal and important factor to influnece consumers' purchase. Third, building good content environment can be a really important marketing tool to create a competitive advantage in cyberspace. For example, Cyworld, Korea's number one community site shows distinctive superiority in the consumer evaluations of content characteristics such as content superiority, site vividness, and customerization. Particularly, comsumer evaluation about customerization was remarkably higher than the other sites. In this point, we can conclude that providing comsumers with good, unique and highly customized content will be urgent and important task directly and indirectly impacting to self congruency, consumer experience, c-to-c interactivity, and various loyalty factors of online community. By creating enjoyable, useful, and unique online community environments, online community portals such as Daum, Naver, and Cyworld are able to build customer loyalty to a degree that many of today's online marketer can only dream of these loyalty, in turn, generates strong economic returns. Another way to build good online community site is to provide consumers with an interactive, fun, experience-oriented or experiential Web site. Elements that can make a dot.com's Web site experiential include graphics, 3-D images, animation, video and audio capabilities. In addition, chat rooms and real-time customer service applications (which link site visitors directly to other visitors, or with company support personnel, respectively) are also being used to make web sites more interactive. Researchers note that online communities are increasingly incorporating such applications in their Web sites, in order to make consumers' online shopping experience more similar to that of an offline store. That is, if consumers are able to experience sensory stimulation (e.g. via 3-D images and audio sound), interact with other consumers (e.g., via chat rooms), and interact with sales or support people (e.g. via a real-time chat interface or e-mail), then they are likely to have a more positive dot.com experience, and develop a more positive image toward the online company itself). Analysts caution, however, that, while high quality graphics, animation and the like may create a fun experience for consumers, when heavily used, they can slow site navigation, resulting in frustrated consumers, who may never return to a site. Consequently, some analysts suggest that, at least with current technology, the rule-of-thumb is that less is more. That is, while graphics etc. can draw consumers to a site, they should be kept to a minimum, so as not to impact negatively on consumers' overall site experience.